EPA v. DATA GENERAL CORP.

Case summary

KEEFE ENVIRONMENTAL SERVICES, INC. (KES) IS AN ABAN- DONED HAZARDOUS WASTE TRMT & DISPOSAL FACILITY IN EPPING, NH & WAS LISTED ON THE NPL PURSUANT TO SECT 105(B) OF CERCLA. THE SITE WAS IN OPERATION FOR 2 1/2 YRS BETWEEN 1978 & 1981. WHEN THE SITE WAS ABANDONED IN 1981, AN EXTENSIVE SET OF DETERIORATING SURFACE CONTAINERS OF WASTE REMAINED ON SITE AS WELL AS A LARGE LAGOON WHICH THREATENED TO OVERFLOW DUR- ING CONDITIONS OF HEAVY PRECIPITATION. EPA, NH, & THE TOWN OF EPPING HAVE SPENT APPROX $3,477,200 TO DATE ON SITE RE- SPONSE ACTIVITIES. ENFORCEMENT NEGOTIATIONS W/158 POTENTIALLY RESPONSIBLE PARTIES (PRP'S) BEGAN IN SEPT 1982, INITIALLY FOCUSING ON OBTAINING A PRIVATE PARTY CLEANUP ON THE SITE. WHEN NO SUCH CLEANUP WAS FORTHCOMING DURING INITIAL NEGOTIATIONS, EPA BE- GAN CLEANUP UNDER A COOPERATIVE AGREEMENT W/THE STATE OF NH. NEGOTIATIONS SINCE JAN 1983 HAVE FOCUSED ON A CASH SETTLE- MENT TO RECOVER GOVT'S PAST & FUTURE RESPONSE COSTS ON THE SITE. ON JUNE 11, 194, A MEMORANDUM FROM LEE THOMAS, THEN ASSISTANT ADM OF OFFICE OF SOLID WST & EMERGENCY RESPONSE, GAVE REGION I APPROVAL TO SUBMIT A FINAL OFFER TO THE GENER- ATORS NEGOTIATING COMMITTEE PROPOSING TERMS FOR A CASH SET- TLEMENT. THE APPROVED SETTLEMENT PROPOSAL WAS FORWARDED TO THE COMMITTEE ON JUNE 19, 1984. IN SUBSEQUENT NEGOTIATIONS, SEVERAL MINOR MODIFICATIONS WERE PROPOSED BY THE PRP'S, SOME OF WHICH WERE AGREED TO BY REGION I AFTER REVIEW & APPROVAL BY HQ & DOJ. THE FINAL DRAFT SETTLEMENT WAS TRANSMITTED TO THE GEN- ERATORS NEGOTIATING COMMITTEE ON DEC 24, 1984, FOR SUBMIS- SION TO THE ENTIRE GROUP OF PRP'S. ON 2/20/85, THE COMMITTEE FORMALLY ACCEPTED THE REGION'S OFFER BASED ON ITS RECEIPT OF BINDING LETTERS OF INTENT FROM 115 PRP'S, ACCOUNTING FOR 83.8% OF WASTE SHIPPED TO THE SITE. IN ADDN, THE PORTSMOUTH NAVAL SHIP YARD, REPRESENTING 5.4% OF WSTE, SUBMITTED A LET- TER TO THE REGION AGREEING TO THE SETTLEMENT PROPOSAL W/CER- TAIN RESERVATIONS. THE SETTLEMENT COULD RAISE AS MUCH AS $5,654,525, DEPENDING ON THE COST OF THE FINAL REMEDIAL AC- TION SELECTED FOR THE SITE. SITE HISTORY: KES ACCEPTED DRUM & BULK SHIPMENTS OF CHEMICAL WSTS OS- TENSIBLY FOR ONSITE TRMT OR FOR ULTIMATE DISPOSAL AT OTHER PERMANENT SITES DURING PERIOD BETWEEN JULY 1978 & JAN 1981. AT THE EPPING SITE, KES STORED & BULKED WST PRIOR TO OFFSITE SHIPMENT FOR DISPOSAL. A LINED LAGOON W/1-MIL GAL CAPACITY WAS INSTALLED & SERVED AS A HOLDING AREA FOR AQUEOUS WASTES. IN ADDN, SEVERAL SMALLER BULK STORAGE TANKS WERE INSTALLED, & AS MANY AS 8,000 DRUMS ACCUMULATED IN STORAGE ON THE SITE. IN RESPONSE TO COMPLAINTS FROM RESIDENTIAL NEIGHBORS, TOWN OF EPPING & NH UNDERTOOK AGGRESSIVE ENFORCEMENT ACTIONS AGAINST KES IN 1978, A SPECIAL MASTER WAS APPOINTED AS RE- SULT OF TOWN'S LAWSUIT, & KES BEGAN MORE RIGOROUS WASTE MGT TECHNIQUES UNDER THE MASTER'S SUPERVISION, INCLUDING STAGING & PALLETIZING OF DRUMS, MANDATORY REDUCTION OF ONSITE WASTE INVENTORY, & THE FILING OF WEEKLY REPORTS TO STATE DESCRIB- ING SITE OPERATIONS. UNDER COMBINED PRESSURES OF THESE ENFORCEMENT ACTIONS & INCREASED COSTS OF DISPOSING OF THE ACCUMULATED INVENTORY IN ACCORDANCE W/RCRA WSTE MGT REQUIREMENTS, KES FILED FOR BANK- RUPTCY IN JAN 1981 & ABANDONED THE SITE. AT THE TIME, THERE WERE APPROX 6,000 DRUMS OF WSTE & A NUMBER OF FULL STORAGE TANKS ON SITE. THE LAGOON WAS APPROX 3/4 FILLED, TOTALLING 750,000 GALS OF MATERIAL.

Defendants (129)

• SPAULDING FIBRENamed in complaintNamed in settlement
• KINGSTON-WARRENNamed in complaintNamed in settlement
• LEPAGES INCNamed in complaintNamed in settlement
• UNION CAMP CORP. (UNION CAMP PLASTIC PACNamed in complaintNamed in settlement
• UNITED FEDERAL BANKNamed in complaintNamed in settlement
• UNITRODENamed in complaintNamed in settlement
• VARIAN ASSOC. INC.Named in complaintNamed in settlement
• VELCRO USA, INC.Named in complaintNamed in settlement
• VERMONT (STATE OF)Named in complaintNamed in settlement
• VERMONT RESEARCH CORPNamed in complaintNamed in settlement
• W.R. GRACENamed in complaintNamed in settlement
• WEYERHAUSER COMPANYNamed in complaintNamed in settlement
• WRENTHAM STEEL PRODUCTS
• ISOREG CORP. (FREQUENCY TECH INC.)Named in complaintNamed in settlement
• ITT CORP.Named in complaintNamed in settlement
• JARVIS CUTTING TOOLS INC.Named in complaintNamed in settlement
• LEWCOTT CHEMICALSNamed in complaintNamed in settlement
• LUMINESCENT SYSTEMS (ATKINS & MERRILL)Named in complaintNamed in settlement
• M/A-COM OMNI SPECTRANamed in complaintNamed in settlement
• MCCORD WINN, INC.Named in complaintNamed in settlement
• MELVILLE CORP. MILLER SHOE DIV.Named in complaintNamed in settlement
• MICRODOT (CENTRAL SCREW)Named in complaintNamed in settlement
• MICROFABNamed in complaintNamed in settlement
• MODERN TOOL AND DIENamed in complaintNamed in settlement
• MODUTEC INC.Named in complaintNamed in settlement
• …and 104 more

Facilities (1)

• KEEFE ENVIRONMENTAL SERVICES INC

  258 EXETER RD, EPPING, NH, 03042

  Registry ID: 110007684283

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• KEEFE ENVIRONMENTAL SERVICEentered 1989-03-16

  Primary law: CERCLA

Timeline (7 milestones)

• 1985-03-28Referred To Headquarters
• 1985-09-06Referred To Dept Of Justice
• 1985-10-25Complaint Filed With Court
• 1989-03-16Final Order Lodged
• 1989-03-16Final Order Entered
• 1989-03-16Concluded
• 1992-12-02Enforcement Action Closed